LAWS(UTN)-2013-4-12

RANI BALA Vs. DEEPA BALA

Decided On April 26, 2013
Rani Bala And Anr. and Fani Bala Appellant
V/S
Deepa Bala Respondents

JUDGEMENT

(1.) Since both the applications under Sections 482, Cr.P.C. (Criminal Misc. Application No. 419 of 2013 and Criminal Misc. Application No. 1014 of 2011) are intrinsically connected with each other, hence they are being disposed of by this common judgment and order. The applicants by way of present applications under Section 482, Cr.P.C., seek to set aside the summoning order dated 19.7.2011, and also seek to quash the proceedings of criminal complaint case No. 1652 of 2011, captioned as Deepa Bala v. Fani Bala and Others, under Sections 498A, 323, 504, 506 and 452, IPC relating to PS Sitarganj, District Udham Singh Nagar, pending before the Court of Additional Judicial Magistrate, Khatima, Udham Singh Nagar.

(2.) A criminal complaint was filed by Deepa Bala against Fani Bala (husband), Moti Bala, brother-in-law (Dewar), and Rani Bala (mother-in-law), in respect of the offences punishable under Sections 498A, 323, 504, 506, 452, IPC and Sections A3/4, Dowry Prohibition Act. After examining the complainant and the witnesses under Sections 200 and 202, Cr.P.C., the accused persons were summoned to face the trial in respect of the offences complained of against them. Aggrieved against the said summoning order, the applications under Section 482, Cr.P.C. were instituted before this Court.

(3.) Compounding application No. 560 of 2013 has been filed on behalf of the parties in C-482 Petition No. 419 of 2013. Similarly, a compounding application No. 545 of 2013 has been filed on behalf of the parties in C-482 Petition No. 1014 of 2011.